[stillsmiling]

My 18 year old daughter was caught shoplifting in Montreal last month. She was with a friend who also got caught. She says it was only one thing, a dress, but not really relevant. Stealing is stealing. She was charged with theft under $5000. This happened when she was away with friends on a weekend trip. We live in Ontario. My daughter just confided in me today, she was building up her courage, and it didn't hurt that her first court date is approaching.
I will be attending both court dates with daughter. The first is the fingerprinted and registering. The second date will be her charges and judgement/ruling.

I am very worried. Money is tight, and this is going to require at least two nights stays, maybe 3. I am also very concerned as to whether we need a lawyer to represent us. Her friend has lawyered up. I am very worried as to what could happen to my daughter. Will she be let off? Could she be charged to spend jail time? Will she get a hefty fine? If she needs to do community service work, can she do it in Ontario? Any help you can offer would be most gratefully appreciated.

[JudyKayTee]

First, very few people who post here admit that their child has any responsibility and stick by the child. Congrats on that!

Is she is 18 and has no criminal record she is eligible for the diversion program. I'm going to post something I wrote about that program following my comments.

My guess? She will have to pay restitution (which can be as high as 3 times the value of the merchandise) and will either get community service, a paper to write, something along those lines. She can do whatever it takes in Ontario. I am this side of promising she won't get jail - can never be sure but I'd be stunned. A don't know about the fine. Hopefully she gets diversion and no fine.

I would sit her down and have an honest talk with her and make sure that this is the first (and obviously the last) time she has shoplifted. If she has been stopped and warned, not arrested, before, that will become an issue.

I now you are upset and disappointed but it's going to be all right - honestly. She's learned a lesson, she did tell you about it, the lesson is ongoing, Canada has a better system when it comes to minor crimes like this than the US - take a deep breath.

Concerning an Attorney - I don't believe it's necessary but I would never tell anyone not to seek legal representation just to make the path a little easier.

"Here's something I wrote about the Canadian diversion program - it pertains specifically to Ontario but the various Provinces are basically the same: Ontario diversion program guidelines vary from region to region, courthouse to Courthouse. Eligibility for such a program is ALWAYS determined by the Crown Attorney's office. There are no exceptions. You are not required to have legal counsel in order to apply.

If the offense - theft - is not major (property was recovered, not a large amount, not a repeat offender) the Crown Attorney MAY approve eligibility into the diversion program prior to the Court appearance. If there are prior dealings with the Police - and charges do not have to be placed, any prior dealings of a negative nature - the person will most likely not be eligible for the diversion program.

As part of the diversion program the eligible person will have to agree to complete certain tasks or obligations - perhaps watch a video, make a donation or volunteer time to a not-for-profit, write a paper on the crime.

When the tasks/obligations have been competed to the satisfaction of the Crown's Attorney he/she will recommend to the Judge that the criminal charge (usually, theft) be withdrawn.

Each courthouse in Ontario has a different diversion program and eligibility requirements differ from region to region. Eligibility for the diversion program is always determined by the Crown Attorney's office. If they deem a theft offence to be of a minor nature (usually a small quantity of merchandise was taken and the property was recovered), the Crown may pre-approve eligibility into the diversion program. A person will not generally be eligible for diversion if they have had prior dealings with the police (even if it did not result in a criminal charge being laid). Once in the diversion program, the eligible candidate may be asked to complete one of a number of different tasks. In some jurisdictions, a person charged with theft may be required to watch a video on shoplifting. In other jurisdictions they may be required to make a donation to charity or complete a minimum number of community service hours - or both. Regardless of the requirements, the result is usually the same. Once the diversion program has been completed to the satisfaction of the Crown Attorney, the Crown will recommend to the court that the criminal charge of theft be withdrawn against the accused person. This will result in the accused person maintaining a clean record (assuming they didn't have a prior criminal record).

If a person is not pre-screened as eligible for the diversion program, a lawyer may be able to convince a Crown Attorney to reconsider their decision.”

[Fr_Chuck]

First you sound like a great parent. And I am sorry this has happened. Since it was her first time, she should be able to get the diversion program, but of course her "partner in crime" may try to put this on her and make her sound like it was all her idea.

I would not personally appear in court ( not fingerprinting) without one. Also I would not make any further statements without one. This is me.

[helpdesk5000]

How does one go about being pre-approved by the crown for diversion? Is there forms to fill out or someone to talk to? Or do you get a letter in the mail?

[JudyKayTee]

How does one go about being pre-approved by the crown for diversion? Is there forms to fill out or someone to talk to? Or do you get a letter in the mail?

Did you read what I posted? It varies by Province and you ask about diversion when you appear in Court.